On November 11, 2011, Impulse Technology Ltd filed a complaint against Nintendo, EA, Ubisoft, THQ, Konami, Majesco, and Namco Bandai, alleging that they infringed upon its patent for an “interactive system measuring physiological exertion.” According to the complaint, each of the defendants has already received a letter giving notice of the patent and is allegedly willfully, deliberately, and intentionally infringing upon its rights. Thus, Impulse alleged that each should be held liable for direct infringement, contributory infringement, and inducing of infringement. In its complaint, Impulse claims that several of Nintendo’s Wii products, including the Wii console,Wii Remote, the Wii Balance Board, and the Wii Fit Plus, include the patented technology. Impulse also identified several games made by the defendants that “incorporated technology for measuring physiological exertion for use with the Wii.” The accused games include titles such as EA Sports Active Personal Trainer, Gold’s Gym Dance Workout, The Biggest Loser, Dance Dance Revolution Hottest Party 3, Zumba Fitness 2, and ExerBeat. Impulse argued a system covered by at least one claim of the patent is created when one of the accused games is played on a Wii and displayed on a monitor. As a remedy, Impulse requested a permanent injunction and other damages.

We will continue to follow this case and post updates as they become available to us.

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